City of Shawnee s3

CITY OF SHAWNEE CITY COUNCIL MEETING OCTOBER 13, 2008 7:30 P.M.

Mayor Meyers called the meeting to order at 7:31 p.m. in the Shawnee City Hall Council Chambers. He welcomed the public and all stood and recited the Pledge of Allegiance, followed by a moment of silence.

Councilmembers Present Staff Present Councilmember Scott City Manager Gonzales Councilmember Pflumm Deputy City Clerk Powell Councilmember Sawyer City Attorney Rainey Councilmember Goode Assistant City Attorney Rainey Councilmember Straub City Engineer Wesselschmidt Councilmember Sandifer Public Works Director Freyermuth Councilmember Distler Planning Director Chaffee Police Chief Morgan Councilmembers Absent Fire Chief Hudson Councilmember Kuhn Finance Director Kidney Parks Superintendent Helwig Information Technologies Director Doherty Stormwater Manager Gregory Senior Court Clerk Larson Court Clerk Manthei Court Clerk Zaldavar Court Clerk Ayers

Members of the public who spoke: (Item 15) JERRY BICHLEMEYER, 5601 Lackman, JOHN FOUDRAY, 14203 W. 53rd Terrace, GREG BUTLER, 6010 Pflumm Road, CHAD LAMER, King and Hershey, PA, 2345 Grand, Kansas City, MO, JAMES ASKEW, James Askew & Associates, 11237 Nall Ave., MARVIN STOKER, 7065 Monticello Road, VALERIE BUTLER, 6010 Pflumm Road; (Business from the Floor) MARY WHITE, 12715 W. 49th Terrace and MARVIN STOKER, 7065 Monticello Road.

CONSENT AGENDA

1. APPROVE MINUTES OF THE CITY COUNCIL MEETING OF SEPTEMBER 22, 2008.

2. REVIEW MINUTES OF THE PUBLIC WORKS AND SAFETY COMMITTEE MEETING OF SEPTEMBER 16, 2008. PAGE 2 CITY COUNCIL MINUTES OCTOBER 13, 2008

3. REVIEW MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 15, 2008. 4. REVIEW MINUTES OF THE BOARD OF ZONING APPEALS MEETING OF AUGUST 21, 2008.

5. CONSIDER REVIEW OF SUP-12-99-9, A SPECIAL USE PERMIT PREVIOUSLY ISSUED TO VICKY REED, TO OPERATE A ONE-CHAIR BEAUTY SALON IN HER HOME IN THE RS (RESIDENTIAL SUBURBAN) ZONING DISTRICT, AT 18641 MIDLAND DRIVE.

The Planning Commission recommended 6-0 that the Council approve the renewal of SUP-12-99-9 to Vicky Reed to operate a one-chair beauty salon in her home in the RS zoning district at 18641 Midland Drive.

6. CONSIDER THE ACCEPTANCE OF DEDICATIONS OF LAND FOR PUBLIC PURPOSES CONTAINED IN FINAL PLAT FP-14-08-09 FOR KLEMME ACRES, FOR ONE LOT IN THE 4200 BLOCK OF FRISBIE ROAD.

The Planning Commission recommended 6-0 that the City Council accept the dedications of land or an interest therein, for public purposes contained in FP-14-08-09, the final plat for KLEMME ACRES, in the 4200 block of Frisbie Road.

7. CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR THE VICINITY OF JOHNSON DRIVE AND OGG ROAD.

Having been adopted Resolution 1561 was assigned.

8. CONSIDER RESOLUTION FOR THE ENLARGEMENT OF CONSOLIDATED MAIN SEWER DISTRICT FOR THE GENERAL VICINITY OF WOODLAND DRIVE AND JOHNSON DRIVE.

9. CONSIDER RESOLUTION DIRECTING AND AUTHORIZING THE REPLACEMENT OF THE 43RD STREET BRIDGE EAST OF K-7 HIGHWAY.

10. CONSIDER GRANTING A PERMANENT EASEMENT TO KCPL FOR A COMMUNICATIONS TOWER AT THE JUSTICE CENTER AT 5850 RENNER ROAD.

11. CONSIDER RESOLUTION SUPPORTING THE NOMINATION OF THE KANSAS FRONTIER MILITARY SCENIC BYWAY FOR NATIONAL SCENIC BYWAY DESIGNATION. PAGE 3 CITY COUNCIL MINUTES OCTOBER 13, 2008

Having been adopted Resolution 1564 was assigned. Councilmember Goode, seconded by Councilmember Sandifer, moved to approve the entire Consent Agenda. The motion carried 7-0.

Mayor Meyers noted that Councilmember Kuhn is absent this evening because she is representing the City of Shawnee at the League of Kansas Municipalities in Wichita, Kansas.

MAYOR'S ITEMS

12. GREAT PLAINS 4-H CLUB OF SHAWNEE PROCLAMATION.

Mayor Meyers presented a proclamation to the Great Plains 4-H Club of Shawnee proclaiming October 5-11, 2008 as National 4-H Week in the City of Shawnee.

13. BAILIFF JIM NEWMAN PROCLAMATION.

Mayor Meyers presented a proclamation to Jim Newman proclaiming Monday, October 13, 2008 as Jim Newman Day in the City of Shawnee.

14. THE MAYOR MAY PRESENT OTHER ITEMS FOR CONSIDERATION.

Mayor Meyers recognized the Government class students from Shawnee Mission Northwest High School.

PUBLIC ITEMS

15. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE MAKING FINDINGS AND ESTABLISHING A REDEVELOPMENT DISTRICT IN THE CITY FOR THE COBBLESTONE VILLAGE PROJECT.

Mayor Meyers stated at their September 8, 2008 meeting, the City Council directed staff to give notice of a public hearing to discuss the establishment of a redevelopment district for the Cobblestone Village project at the northwest corner of Pflumm Road and 62nd Street. In order to establish a redevelopment district, an ordinance is required.

Councilmember Goode, seconded by Councilmember Pflumm, moved to conduct a public hearing and consider an ordinance making findings and establishing a redevelopment district in the City for the Cobblestone Village project. The motion carried 7-0.

Finance Director Kidney presented a PowerPoint presentation. He pointed out the geographic location on the overhead, just south of the Civic Center on Johnson Drive, south to 62nd Street, with Pflumm being the eastern border. PAGE 4 CITY COUNCIL MINUTES OCTOBER 13, 2008

Finance Director Kidney explained that a TIF project and development district process has two steps; the first step being to establish a district. He stated they have talked about his several times at past committee meetings, but he felt the need to reiterative some of it. Finance Director Kidney stated the culmination this evening is establishing the district. The next step is to approve a project within that district. The steps include the City receiving the application. The City issued a Notice of Public Hearing which is tonight where the Council will consider determination of TIF eligibility for this area being drawn into a district and determination of promotion of general and economic welfare of the City.

Finance Director Kidney stated that basically by having the district in place, first is it an eligible area for a district and secondly they ask if having a district in this area promotes the general and economic welfare of the City. He stated that those are the two items being discussed as they establish a district in this area. He stated after tonight’s hearing, there is a 30 day period that the school district and County can protest the establishment of the district.

Finance Director Kidney stated if the district were to be established, the Council would then entertain a project within the district and that would be the second step in the process. He stated there is an application and the Planning Commission would review the proposed project to see if it is consistent with the Comprehensive Plan. There would be a Notice of Public Hearing on the project plan and at that hearing they determine if the project is feasible – revenues and expenditures. They then execute a redevelopment agreement between the City and the developer in order to fulfill that project within the TIF district.

Finance Director Kidney stated the first part being discussed is whether or not a district in this location is eligible for a TIF district. In the past they have gone over the items that can be eligible for a TIP, one item being a conservation district. He stated the applicant asked that this area be considered as a conservation district, but there are several criteria in order to become a conservation district.

Finance Director Kidney stated the first criteria are that the area comprises 15% or less of land area within the corporate limits of the City. He stated he would point out that specifically it is an area within approved areas of the City. He stated the attorneys for the developer actually made sure he came up here and talked about that and they are welcome to come up to the podium after he is finished if he has not explained it correctly and clarify things for everyone. He stated the statutes talk about it being within corporate city limits; an improved area and he wanted to make sure that was made part of the minutes of the record.

Finance Director Kidney stated in order for a conservation district to be considered, 50% or more of the structures in the area have an age of 35 years or more. The area is not yet blighted, but may become blighted due to a combination of two or more factors - statutory factors. He stated some include whether or not there is obsolescence or deterioration of the structures, if there is illegal use of individual structures, if the PAGE 5 CITY COUNCIL MINUTES OCTOBER 13, 2008

presence of structure is below minimum code standards, if there is any building abandonment, excessive vacancies, overcrowding, or inadequate utilities and infrastructure.

Finance Director Kidney stated the City and developers, through the funding agreement they put together, hired Jim Askew. He stated Mr. Askew is a person who actually comes in to perform these studies. He stated that the studies are included in tonight’s packet with all the records and information. He stated the staff felt very strongly that Mr. Askew had the ability to make this determine or at least give advice on the determination.

Finance Director Kidney stated Mr. Askew took each one of those areas and included a chart in the back of the study. He copied and pasted that section of the study into the PowerPoint presentation. In conclusion, the study area is less than 15% of the city area. He stated he mentioned earlier that the study area is within an improved area of the City and it is less than 15% of the city area.

Finance Director Kidney stated 50% of the structure exceeded 35 years. He stated of the seven factors listed, four factors are ones that Mr. Askew found present within this area. He stated it is not yet blighted, but may become blighted due to two more of the seven factors listed.

Finance Director Kidney stated Mr. Askew is here this evening to answer any questions from the Council about how he came up with his determination. He believes the attorneys brought specific pictures regarding the area. He stated according to Mr. Askew and his conclusions, it would be eligible.

Finance Director Kidney stated that the second item is whether or not approving a TIF district would assist the City in promoting the general economic welfare of the City. He stated out of the application from the developers, the staff took several of the items. He stated when this development is completely built out, it will have another 345 new residents, 68 new employees working within that area, and 32 acres of property developed.

Finance Director Kidney stated there will be 100,000 square foot of independent living facilities and an additional 70,000 square feet of commercial property. He stated these are items for the Council to consider and whether or not these factors would go towards their feeling of the district promoting the general and economic welfare of the City. This completed his presentation and he asked for questions.

Councilmember Straub asked about the 68 new employees.

Finance Director Kidney replied they will come with the 70,000 square feet of new commercial property, plus there is a 100,000 square feet of independent living facility.

Councilmember Straub asked if it would be similar to The Sweet Life of Rosehill. PAGE 6 CITY COUNCIL MINUTES OCTOBER 13, 2008

Finance Director Kidney deferred to the developer to answer specific questions.

JERRY BICHLEMEYER, 5601 Lackman, stated the facility would include different services. He stated there would be a hair dresser, health services, and a doctor’s office. He stated assisted living will be available. He stated the second part is the jobs associated with the commercial part of the property in the front of the project.

JERRY BICHLEMEYER thanked Mayor Meyers, the City Council, and the City staff for going through this project with them. He stated they are anxious to get started and get it in front of them. He stated tonight is yet another step to get to that point. He stated they very much look forward to bringing this project to the City. He stated the next presentation in front of the City Council with the elevations and project plat itself, will show what a quality project they have planned on bringing to the City.

JOHN FOUDRAY, 14203 W. 53rd Terrace, stated he is in the real estate development business himself and has been involved in several TIF project. He stated he has created TIF projects in other cities. He stated after going through the study and looking at the area for incorporation for a district, he does not think he has ever seen a property or development where the funding for redevelopment has been so skinny. He stated there is 34 acres of land here where the vast majority is vacant.

JOHN FOUDRAY stated there is some cost to acquire six homes and the cost of the land is really small with the overall cost of development. He stated he would suggest that the Council take the TIF statute, 12-1770, and if they read it, it is for redevelopment projects. He stated he is concerned about what is being redeveloped here – is it the vacant ground. He stated he does not think it really goes with the intent of the statute for redeveloping areas, as this seems to him like a developing area. He stated there are some homes in the area, no doubt, and may not be the best homes in the area, but are probably consistent with some of the homes adjacent to it.

JOHN FOUDRAY stated he has done a lot of redevelopment projects and does not think that he would ever want to bring this in front of a City Council or in front of a Governing Body, because typically the answer he would get would be NO.

JOHN FOUDRAY stated one of the things they need to look at is if the project would be feasible without public assistance. He stated he does not see overriding infrastructure costs or overriding land acquisition costs, as the land has been there for several years and under single ownership for several years. He stated a small percentage of the area is blighted buildings and a high percent of the land is vacant ground.

JOHN FOUDRAY stated in his experience, it would be very very unusual for a project to be what he might consider this easy to accomplish with public assistance. He stated there may be some factors in there such as the pipeline or things like that that may dictate extraordinary cost, but he does not see those in there at this time and would be very critical of those costs and make sure that there are actually those extraordinary costs, PAGE 7 CITY COUNCIL MINUTES OCTOBER 13, 2008

public improvements would be made, and that City residents would actually get benefit out of the project.

Councilmember Pflumm asked Mr. Foudray if he has had anything to do with The Legends or anything up in Wyandotte County.

JOHN FOUDRAY replied most of his work has been done on the Missouri side, so he has seen a lot of good TIFs and a lot of bad TIFs.

Councilmember Pflumm stated he understands that, but Mr. Foudray mentioned that normally those are geared towards redevelopment and in that particular area out there he thinks there was 70 or 77 homes and it covered a much larger area, so he does not know how that would be different than this development.

JOHN FOUDRAY asked if they got TIF or STAR bonds for that project.

Mayor Meyers stated there have been TIF projects in that area.

JOHN FOUDRAY stated his overall view is just on face value. He stated he does not have the details, but at face value this is not an extremely difficulty project that in his experience would dictate a significant amount of public assistance. He stated he is simply saying if the City is going to take this step and start granting TIFs to green fill developments, they might want to be very cautious in moving forward because if they do, there will be a lot of other projects coming down the pike who are going to start asking. He stated he is just saying this needs to be done cautiously and wisely.

Councilmember Scott stated Finance Director Kidney said that this project met all the statutory factors, so she does not see the reason to second guess the staff.

JOHN FOUDRAY stated if they read the study, the statutory factors, they consider some of the homes blighted and have some pictures of the homes in disrepair. He stated in reading the study, it also says they consider some of the homes blighted because Pflumm Road was widened, so the drainage is now bad and there is water in the basements. He asked if the City caused the problem, should the taxpayers then have to go in and correct it.

JOHN FOUDRAY stated he is not saying they are not in existence, simply saying that compared to the overall scope of the project they are very tiny. He stated the cost to go in and acquire a piece of land, buy some homes, and tear them down is part of business. He stated for them to come in and say the area is blighted then they would have to say the area across the street is blighted and the area back behind is blighted as well. He stated they can go into any area or city in existence and find somewhere that says it is blighted.

GREG BUTLER, 6010 Pflumm Road, stated he has lived there for 19 years and does not consider that row of houses blighted. He stated he knows that Mr. Bichlemeyer bought one of the homes and it has been vacant for about six months now, but the rest of the PAGE 8 CITY COUNCIL MINUTES OCTOBER 13, 2008

homes in the neighborhood are stable. He stated on that justification, he thinks it is a little shaky. He stated he does understand why the City wants to convert that property into a higher level of tax revenue.

GREG BUTLER stated this started about six to nine months ago and all the people living on the strip there do not really know what is happening in terms of a timetable. He stated he does not know if the Council can answer that question, but they would really like to know what is happening and when it is going to happen so they can plan their lives and move ahead.

City Manager Gonzales stated a timetable is a difficult thing to tackle and she does not think until the staff prepared the packet for this week’s meeting that they even knew for sure that they were going to be ready to be here tonight. She stated the next step is setting the public hearing for the project plan. She stated the staff hopes to keep this moving forward and that they would set that hearing for the last meeting in October or first meeting in November and have that public hearing prior to the end of the year. She stated once that is established and the project is approved, if indeed it is approved, then she assumes Mr. Bichlemeyer is ready to go and they could begin work fairly quickly.

GREG BUTLER asked if they could feasibly start on January 1, 2009.

City Manager Gonzales replied that is possible.

Mayor Meyers asked Mr. Bichlemeyer if that is correct.

JERRY BICHLEMEYER stated that is correct.

CHAD LAMER, King and Hershey, PA, 2345 Grand, Kansas City, Missouri, stated he is here this evening with James Askew who just had an operation for his hearing, so if there are any questions directed to him, he will be happy to relay them so he can answer. He thanked the Council and staff for hearing this project this evening. He thanked the City staff for their excellent presentation on what actually is a conservation area.

CHAD LAMER stated he prepared a small PowerPoint presentation that walks through this and said he did not actually know they would need to do this. He stated with the first speaker came up this evening, there was some talk about the statutory definition and he thinks that it is really important that they look at all the key elements.

CHAD LAMER stated that Finance Director Kidney did an excellent job laying those out. He stated whenever they are considering something and whether or not it is an eligible area, as defined by the Kansas statute, they need to make sure that they are actually applying the statute and not their perceptions of what a conservation area may be, because that is where they get into trouble.

CHAD LAMER stated there was some talk earlier about these homes being blighted. He stated no one has made any allegations that these homes are blighted. He stated if they PAGE 9 CITY COUNCIL MINUTES OCTOBER 13, 2008

look at the statute, the key thing is that they may become blighted due to the presence of certain conditions.

CHAD LAMER stated the key thing is any improved area. He stated here they know this is an improved area because there are building structures, roadways, park related improvements, and utilities. He stated all of these surround the site or are within the study area. He stated the study area has also been the source of demolition permits. He stated there have been some dilapidated structures taken down. He stated there have been grading permits. He stated those are all improvements to the ground that does not have structures on it, but when taken as a whole it satisfies that first test of an improved area.

CHAD LAMER continued with comprising 15% or less of the land area within the corporate limits of the City. He stated here they know the study area is about 39 acres and it is his understanding that Shawnee is comprised of roughly 41 miles of area, so it meets that second portion. He stated that Mr. Askew examined the structures and came up with a finding that the average age was over 35 years. He stated Mr. Askew then went out, did a site inspection, looked at each of these factors, and tried to apply them to see if they were present.

CHAD LAMER stated there are deterioration, dilapidation, and obsolescence. He stated this is a good indication of some of the structures and their site conditions. He presented a slide of a storm cellar where they see more deterioration. He stated the first factor shows a deck with missing rails and more deterioration.

CHAD LAMER presented a slide of one of the home’s basements. He pointed out certain deterioration in the foundation with cracks. He stated he understands this is not a blighted home, but this would help them lead to the final conclusion reached by Mr. Askew.

CHAD LAMER continued by stating that Mr. Askew observed there were seven vehicles parked at one residence. He stated it is his understanding this is an automobile restoration business. He stated that leads to the second factor observed by Mr. Askew, being the illegal use of individual structures – an automobile restoration business in a residential neighborhood.

CHAD LAMER stated Mr. Askew observed the storage of building materials outside, as well as possible different types of liquids being stored. He stated the next slide relates to the third factor, which were structures below minimum code standards. He stated one out-building was within five feet of the rear yard property line which would be a violation of the setback requirements.

CHAD LAMER presented a slight showing some type of wood burning stove. He stated this refers to the third factor - structures being below minimum code standards. He stated they have walked through these issues looking directly at the statute and see they have dilapidation, illegal use of individual structures, presence of structures below minimum code standards, and Mr. Askew did not find building abandonment, excessive vacancies, PAGE 10 CITY COUNCIL MINUTES OCTOBER 13, 2008

or overcrowding of structures. He stated Mr. Askew did find inadequate utilities and infrastructures.

CHAD LAMER stated Mr. Askew found a septic tank in use at one of the homes. He stated current code standards call for a two acre minimum lot size for a septic system. He stated this particular lot was one acre and would go to structures with below minimum code standards, but also to inadequate utilities and infrastructure, so here they have four factors that have been met in the test for whether or not it is a conservation area.

CHAD LAMER stated he has walked through whether or not it is an improved area. He stated there are building structures, roadways, a park, and utilities. He presented a slide showing the age of structures. He stated there were six residences that were constructed between 1940 and 1975, according to County records. He stated five of those six residences were constructed between 1940 and 1964, so the average age of the structures are 48 years old.

CHAD LAMER stated the next slide shows a chart of all the factors that were present, as shown earlier by Finance Director Kidney. He stated if they just look at the statutory definition of a conservation area, these factors demonstrate that it is an eligible area and meet the determination of what the State has determined eligible for TIF. He stated it is up to the Council to make the determination as to whether or not it meets these factors, based on the evidence presented today.

CHAD LAMER stated he would once again remind the Council that no one has made any allegation that these homes are blighted. He stated they are trying to prevent blight through the redevelopment process.

Councilmember Pflumm stated Mr. Lamer did a good thorough job explaining this to the Council.

MARVIN STOKER, 7065 Monticello, stated what peaked his interest in this area was a public notice of exchange or parklands related to it. He presented on the overhead the exclusions from some of the land which was described in what was the relinquished land and the replacement land. He stated he was wondering why there was an overlap of the two, so he drew them out. He noted what is now owned by the City as parkland and what is supposedly being replaced land. He stated he was wondering why in the description it was posed that the City was receiving land that they already own.

MARVIN STOKER stated in the public notice there were some exclusions as to what was being accepted and what was described in his Exhibit A and part of it had exclusions. He stated it took a while to figure it out and took some excessive reading, but he figured out with the exchange of parkland in this development area, the City is losing 31,000 feet of parkland and they would be getting less.

MARVIN STOKER stated part of his study took him to the AIMS mapping from Johnson County. He stated part of the exclusions not being given to the City is what is PAGE 11 CITY COUNCIL MINUTES OCTOBER 13, 2008

dedicated for right-of-way. He stated he looked at what the road right-of-way on Pflumm Road was and noticed on the west side there was a 20 foot right-of-way which is a nice big four lane road. He stated it made him think that the 68 feet of right-of-way being taken from his yard from Monticello seemed excessive.

MARVIN STOKER stated the descriptions did not seem clear and he thought it seemed somewhat sneaky. He stated in this day in age, since the elections are coming, they hear about the special interest and campaign contributions. He stated he would ask for those who have received campaign contributions from Mr. Bichlemeyer to excuse themselves from voting this evening.

Councilmember Distler referred to the swap issue and stated that she thought it was an equal swap. She asked if the City is going to be compensated for that difference.

Finance Director Kidney stated he might first defer to City Attorney Rainey and Janet Garms. He stated he would point out that the public hearing this evening is about the district establishment and the park item is a separate piece of action. He stated they will focus more on the park exchange at part of the project plan in the redevelopment agreement they have with the developers. He is not sure how far down they want to get into the discussion this evening, as the staff may not be as prepared for the number side of things on the parkland exchange.

Finance Director Kidney stated he does know that Mr. Stoker is correct that there is less land on the land the City would be receiving. He stated the staff has not really gone down too much with the developer on what extra, if any, money or what other exchanges would take place with it, but that is more at the next level when they talk about the project plan and not the district area.

Councilmember Distler stated it is her understanding that they are already taking the land with the gas pipe on it that can not be developed on anyway, besides parkland and they can not build homes on there. She stated the City is going to get the pipeline land to benefit the developer and lose some park area. She asked if that is what Finance Director Kidney is telling here.

Finance Director Kidney answered yes; there is less land than that.

Councilmember Distler stated she understands they are going to discuss this at a later date at a future meeting.

Finance Director Kidney stated one item to consider is part of where the pipeline is located will more than likely remain the same property it is today, undeveloped, because they would not be able to develop on that land. He stated the City would still have the green space, and he is not sure about trees or other amenities on there. He stated hopefully due to that pipeline, it would mitigate some of the 30,000 square feet, but to be honest at this point he has probably reached the level on which he can talk about this evening. PAGE 12 CITY COUNCIL MINUTES OCTOBER 13, 2008

City Manager Gonzales added that part of the discussion they will have at a future meeting, will be related to the amenities that would be provided; the park improvements and relocation of the park, so it was never the intent of the City that it would be actual square foot per actual square foot, as it is just not quite possible in the exchange. She stated as the Council considers that decision, there will be other points of discussion to have, just beyond the size of the park itself.

Councilmember Distler stated she would think some of the amenities would be a given. She asked if the City will be losing some to the development. She stated to her, that is just replacing what is being taken away. She asked if there are going to be amenities above and beyond.

City Manager Gonzales replied they hope to have a much nicer shelter and some other amenities. She stated the staff hopes to use the project to be able to make the park even nicer than it has been.

Councilmember Straub stated with real estate dollar per dollar, if that is what they are looking at here, then the frontage on Pflumm Road would be more valuable.

Councilmember Distler stated that is a gas line.

Councilmember Straub asked if there is a gas line on the street where the houses are located. He asked if that is the lot where the City is buying the houses and where the park ground is going to be located.

Finance Director Kidney stated that is correct.

Councilmember Distler stated the park ground today is on the gas line; that is why it is park ground.

Councilmember Straub asked if there are houses on Pflumm Road that will be purchased that will be the park ground.

City Manager Gonzales stated that is correct.

Councilmember Straub stated again that he does not think it is going to be dollar for dollar. He stated it is never going to be exactly on, but thinks if the City did it dollar for dollar then the value of the land the City is getting is probably more valuable. He stated he does not know all the ins and outs and he would let them discuss it further at another meeting.

Councilmember Sawyer stated the problem he has with the whole thing, is that this is something where he thinks they want to let the genie out of the bottle. He stated he knows the vast majority of the City Council is probably in favor of this project, but he is PAGE 13 CITY COUNCIL MINUTES OCTOBER 13, 2008

not, especially in today’s climate. He stated they do not know where the real estate market is going to go and really do not know where anything is going. Councilmember Sawyer stated when they say they are going to get [this] for the parkland, in reality the City is going to pay this in taxes they are not going to collect, so really they are not getting anything and are just saying to the public of Shawnee that they are not going to collect this tax and they might have a park as nice or maybe a little better, but basically the citizens of Shawnee are paying that because that is what a TIF is; it is forgiving the taxes so they can make all the improvements.

Councilmember Sawyer stated he can not bring himself to be in favor of a TIF for residential. He stated if they let one, he does not see how this Governing Body or the City will be able to say in the future it was a special deal. He stated it may have been a special deal, but someone else is going to apply and they are going to have to search hard and long about whether or not they want to do that.

Mayor Meyers stated he thinks the only comment he would make at this time, is just to assure Mr. Stoker that the City is not in the business of doing anything sneaky. He stated they are trying to follow a process as best as possible and are looking at a development that is coming before the City and this Council. He stated they are looking to use a development tool that the City is willing to take a look at and that is the process they are in.

Mayor Meyers stated he thinks this is an important learning process and experience for all of them involved. He thinks it truly has the ability to provide the City with great benefit. He stated this is something the Council needs to take seriously and look at all of the issues involved in a development of this type, but again, the City is not in the business of trying to do things that are sneaky or behind closed doors and are tying to be as open as possible and have been throughout this entire process. He stated the City will continue to do that and look out for the welfare of the citizens of Shawnee.

VALERIE BUTLER, 6010 Pflumm, stated she noticed in the study the comment about the fact that there are going to be 68 new employees that seems to have some interest, but wonders if anyone considered how many people are going to be displaced who are presently employees paying taxes to the City of Shawnee and people who may move out of Shawnee living in the area now who give the City shopping dollars and have been there for many years supporting Shawnee with their taxes and shopping dollars. She stated everyone there is an employee who is presently living there and asked the Council if that was included in the study to see how many of those people may move to Lenexa or some other city.

City Manager Gonzales replied the feasibility study that will be considered as part of the project plan goes into extreme depth and analysis. She stated they have supplemental information that goes along with that regarding sales tax generation and employment generation. She stated that will be discussed and considered in as much detail as the Council would like at the time they consider the project plan. PAGE 14 CITY COUNCIL MINUTES OCTOBER 13, 2008

City Manager Gonzales stated part of the statute also requires a relocation plan for the homes that are being removed. She stated the applicant will have to comply with that relocation plan to ensure that the people who are living there now have a place to go and a home in which to live.

VALERIE BUTLER asked if in some of the films that the gentleman [Chad Lamer] showed when they were trying to qualify this as a conservation area, are really just lack of code enforcement by the City as it seemed like they could go to any city and find similar things. She asked if possibly there is just a codes enforcement problem rather than a blight problem.

City Manager Gonzales replied she does not know if any of the building condition items are really violations of the City code, but certainly the one that talked about illegal use would be. She stated the City’s code system is based on a complaint basis, so the City does not go out and investigate every single home to make sure they do not have code violations and if they have not been informed of it, but obviously they have now, they would not have known or proactively looked into that code violation. She does not believe any of the other things, based on surface knowledge, would really be a true violation of a code, but there might be a few little things.

VALERIE BUTLER stated some of the things just looked like clean-up problems to her. She stated she was just curious as to how in-depth those things were looked into.

Councilmember Goode, seconded by Councilmember Pflumm, moved to conclude the public hearing to consider an ordinance making findings and establishing a redevelopment district in the City for the Cobblestone Village project. The motion carried 7-0.

Councilmember Goode, seconded by Councilmember Scott, moved to pass an ordinance to establish a redevelopment district in the City for the Cobblestone Village project.

City Manager Gonzales stated she has some specific language for the motion to make sure they cover all the bases to meet the statutory requirements. She read: Based on the review of the information presented in the conservation study prepared by Jim Askew and the information presented tonight, Councilmember Goode is making a motion to pass an ordinance making the findings set forth therein in establishing a redevelopment district in the City of Shawnee Kansas generally located in the 6200 Block of Pflumm Road.

Councilmember Goode and Councilmember Scott agreed to amend their motion to include that specific language.

Therefore the motion read and a roll call vote was taken: PAGE 15 CITY COUNCIL MINUTES OCTOBER 13, 2008

Councilmember Goode, seconded by Councilmember Scott, moved to pass an ordinance making the findings set forth therein in establishing a redevelopment district in the City of Shawnee, Kansas generally located in the 6200 Block of Pflumm Road, based on the review of the information presented in the conservation study prepared by Jim Askew and the information presented. The motion carried 5-2, with Councilmembers Scott, Pflumm, Goode, Straub and Sandifer voting aye and Councilmembers Sawyer and Distler voting nay. Having passed, Ordinance 2916 was assigned.

16. CONSIDER RESOLUTION TO EXECUTE A SPECIAL WARRANTY DEED FOR RELEASE DOCUMENTS FOR THE 1998 BONDS FOR THE HAMPTON INN PROJECT.

Councilmember Pflumm, seconded by Councilmember Sawyer, moved to adopt a resolution to execute a special warranty deed for release documents for the 1998 bonds for the Hampton Inn Project at 16555 Midland Drive and authorizing conveyance of the property as required by the Lease Agreement. The motion carried 7-0. Having been adopted, Resolution 1565 was assigned.

17. CONDUCT PUBLIC HEARING TO CONSIDER ISSUANCE BY THE CITY OF $11,075,000 PRINCIPAL AMOUNT OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 2008A, PINEGATE WEST APARTMENTS PROJECT.

Councilmember Sawyer, seconded by Councilmember Pflumm, moved to conduct a public hearing to consider issuance by the City of $11,075,000 principal amount of Multifamily Housing Revenue Refunding Bonds, Series 2008A, Pinegate West Apartments Project. The motion carried 7-0.

Councilmember Straub asked for further clarification and explanation about the bonds.

City Attorney Rainey stated these are federally tax exempt multifamily housing revenue bonds. He stated that means there are no ad valorem tax abatement for the property, nor is there any direct tax discount for the property on their own income tax. He stated bonds issued for projects such as this bear interest and the investors that buy those bonds do not have to pay, or the interest paid on those bonds is exempt from federal income tax under the Internal Revenue Service regulations and they are regulations that were designed and intended to encourage low and moderate income housing.

City Attorney Rainey stated there are restrictions. He stated a percentage of the units have to be available for individuals meeting low to moderate income standards. He stated he would note that probably every major multifamily project they have done in City in many years are federally tax exempt in that respect.

City Attorney Rainey stated he would also note that this is a refunding, which they have the right to refund the existing bonds under the original indenture and agreements that were entered into. He stated the applicant has made application for, and presumably will PAGE 16 CITY COUNCIL MINUTES OCTOBER 13, 2008

be pursuing, another issue that will be a $3,300,000 taxable issue meaning that there will be neither an ad valorem tax abatement, nor will the interest on the bonds be exempt from federal income tax, but that is a separate matter that may come up as this project progresses.

City Attorney Rainey stated the consummation of this project is, of course, unsettled because of the current economic conditions, but this would be a refunding of the existing bonds and they will continue to be federally tax exempt, meaning that the interest on the bonds received by the investors would be exempt from federal income tax.

Councilmember Straub asked if it costs the City any money.

City Attorney Rainey replied it does not cost the City any money.

Councilmember Goode, seconded by Councilmember Pflumm, moved to conclude the public hearing to consider issuance by the City of $11,075,000 principal amount of Multifamily Housing Revenue Refunding Bonds, Series 2008A, Pinegate West Apartments Project. The motion carried 7-0.

No further action is required.

City Attorney Rainey added if this project goes through and is closed, then they will be back before the Council with ordinances and other things at that time. He stated the timetable is uncertain as with any large or small financial matter at this time.

COUNCIL ITEMS

ITEMS FROM THE PUBLIC WORKS & SAFETY COMMITTEE MEETING OF SEPTEMBER 16, 2008 (CHAIRED BY FRANK GOODE)

18. CONSIDER THE 2008 PARKS & RECREATION NEEDS ASSESSMENT.

Councilmember Goode stated the Committee recommended 3-0 the Council accept the final report from ETC of the 2008 Parks and Recreation Needs Assessment.

Councilmember Straub asked if the City is spending more money on this. He stated it is not really a financial study.

City Manager Gonzales explained the study has been conducted and is done and reported on.

Councilmember Pflumm stated the City did spend money on the study.

City Manager Gonzales stated that is correct.

Councilmember Sawyer stated it has already been approved. PAGE 17 CITY COUNCIL MINUTES OCTOBER 13, 2008

Councilmember Goode, seconded by Councilmember Scott, moved to accept the Final Report for the 2008 Parks and Recreation Needs Assessment. The motion carried 7-0.

19. CONSIDER A RESOLUTION OF SUPPORT FOR A NEW STATE COMPREHENSIVE TRANSPORTATION PROGRAM.

Councilmember Goode stated that the Committee recommended 3-0 the Council adopt the resolution of support for a new State Comprehensive Transportation Program.

Councilmember Pflumm asked if there is any City staff on any type of a committee for this program.

City Manager Gonzales responded that there have been several presentations throughout the State and the City did a presentation at the most recently meeting in Overland Park. She stated Councilmember Sandifer and Public Works Director Freyermuth are sitting on the TCC committee and are involved in transportation issues. She stated the City has quite a few connections out there and are definitely staying in the loop with this.

Councilmember Goode, seconded by Councilmember Sandifer, moved to adopt a resolution of support for a new State Comprehensive Transportation Program. The motion carried 7-0. Having been adopted, Resolution 1566 was assigned.

BUSINESS FROM THE FLOOR

a) Heather Glen Amenities.

MARY WHITE, 12715 W. 49th Terrace, stated she lives in a subdivision now known as Heather Glen. She stated some five years ago, the subdivision was granted approval as a Planned Urban Development (PUD) and as such required to provide amenities for the homeowners in the development. She stated these amenities are to offset the negative value effect of substandard sized lots.

MARY WHITE stated the sole amenities shown at the beginning was a trail which meandered from W. 49th Terrace southwest to Parkhill, crossed Parkhill, and went westward for several hundred yards, however at about the same time the development became known as Heather Glen and was changed to a trail that went solely between W. 49th Terrace and Parkhill and then came to an end. She stated along the trail were benches and a play area.

MARY WHITE stated more recently, and she thinks this actually happened at the last meeting, a new change was made. She stated now the homeowners will be responsible for the maintenance of the amenity if it is ever completed and have two disconnected sections of land. She stated one section of W. 49th Street is nothing but a lawn which is of no purpose to the general population of the area, but they will have to maintain it. PAGE 18 CITY COUNCIL MINUTES OCTOBER 13, 2008

MARY WHITE stated the other part of this disconnected piece of property features a play area which users will have to access from Parkhill, meaning the children will have to cross Parkhill between two islands. She stated that is fine for the adults, but is not a very safe situation for children and that is if it ever comes about.

MARY WHITE stated before the last meeting, Planning Director Chaffee told her that the PUD requirements go with the land not with the owner. She stated no notices of these changes that she has mentioned has been brought to the attention of the homeowners.

MARY WHITE stated that while the new amenity will make life easier by far for the developer because it will not have to cross a wetland area which acts as a drainage portion of the land, these developers were experienced and should have known from the beginning that this was a problem. She stated [they] bought these properties on the assumption that the amenities would indeed follow the original PUD requirement. She stated they obviously are not going to, unless [you] take action.

MARY WHITE stated she thinks the town Council represents the town citizenry and has an obligation to the homeowners to rescind what must have been an ill conceived and ill informed approval and to see that the developer keeps his part of the bargain. She thanked the Council for their time.

Mayor Meyers thanked Mrs. White.

City Manager Gonzales apologized as she is not personally aware of this situation.

Planning Director Chaffee stated he thinks Mark Zielsdorf has been in discussion with Mrs. White and has let her know that in a PUD, the developer is responsible for the amenities that are done when they were approved. He stated the developer in this situation knows that he is responsible for those improvements. He stated often they do not happen with a first or even a second phase. He stated the developer can modify and many times in subdivisions they modify and change the amenities, but by the ordinance he has to provide some form of amenity that is up to his selection to do. He stated the City does not tell the developers that they have to do a shelter house, swimming pool, walking trail, or additional open spaces.

Planning Director Chaffee continued that it is up to the developer to do these things and he believes the subdivision is about 60% complete at this time. He stated like the City tells property owners if they have a problem with the developer, they need to speak with the developer themselves and as a homes association if they want to take action with them and certainly have that right. He PAGE 19 CITY COUNCIL MINUTES OCTOBER 13, 2008

stated all the City will be looking for when the subdivision is complete, is that amenities are provided since it is a planned single family subdivision.

Councilmember Straub asked Planning Director Chaffee if the developer plats out an area with an amenity, can they then actually come in and modify that amenity if they have sold so many homes. He asked if they can say they are going to have “X” amenity and actually end up giving them “Y”.

Planning Director Chaffee replied that is up to the developer, as long as amenities are provided. He stated in this situation, he believes the developer is still providing the walking trail they said they were going to do and some play equipment. He stated whether or not it is still going to be placed in the exact same area or not is up to the developer and may vary a little from the original plan.

Councilmember Straub asked if the developer has to come back before the Planning Commission and Council for approval.

Planning Director Chaffee answered no, not for their amenities, just as long as it is provided. He stated as opposed to a traditional subdivision similar to Grand Duke or Woodland Place where they are not a PUD and a developer may tell the people they are going to do a swimming pool, but there is nothing for the City to enforce them to do one. He stated with a PUD, some amenities have to be provided before the subdivision is complete.

Councilmember Sawyer asked if a developer has to bring the plan to the Planning Commission and City Council on a PUD before it is approved with the amenities already in there.

Planning Director Chaffee stated the developer shows the type of amenities that are going to be proposed to be provided. He stated if the developer wants to change out an amenity, they can certainly change one out as long as something is there.

Councilmember Sawyer stated it was his understanding with a PUD that the City had more control over it, because the City is allowing the developer to build on smaller lots.

Planning Director Chaffee stated the City has more control over that, in that they are required to provide the amenity, where in another subdivision the developer may tell the City they are going to do something and it may or may not ever get built. He stated that is the control the City has with a PUD – the assurance that an amenity is going to be provided on the property.

MARY WHITE stated the problem is not with the timing, but with the adjustment which makes this trail smaller and smaller and smaller and leaves the residents PAGE 20 CITY COUNCIL MINUTES OCTOBER 13, 2008

with a tiny little trail that is not connected with the other sections of the same tract because of a swale – a drainage area. She stated that the residents are going to be required to maintain this lawn, which there is no earthy purpose for except that it exists and it is not now connected, nor will it ever be connected if the developer has his way with the walking trail with which it was supposed to connect.

MARY WHITE stated she is not objecting to the timing and understands that it has to be done before the last lot is built upon and they are far from there, but does object to the fact that the Council is allowing this to become shorter and shorter. She stated for all she knows, the developer can put a bench in the middle of the woods and call it an amenity and it looks as though they are headed in that direction.

Mayor Meyers assured Mrs. White that the Council heard her concern and that the staff will look into this and has her address.

Planning Director Chaffee stated he believes Mark Zielsdorf has Mrs. White’s phone number and has been visiting with her.

b) 71 st and Monticello.

MARVIN STOKER, 7065 Monticello, stated at the last City Council meeting, part of the Comprehensive Plan was to turn property at the northeast corner of 71st and Monticello into a park and that was the first he had heard of this. He stated he does own the property on the northeast corner of 71st and Monticello and the fact that the City wants to turn that into a park does not seem like open and honest communication like Mayor Meyers just said a few minutes ago about the parkland being exchanged on Pflumm Road.

MARVIN STOKER stated after last week’s meeting, Assistant City Attorney Rainey told him that the proposed park was not his property, but other property that used to belong to the DeSoto School District and he would like some clarification – which is it.

Planning Director Chaffee replied he believes that was put in the Comprehensive Plan years ago and it is well familiar that the DeSoto School District owns 20 acres of property there at 71st and Chouteau in the general area of 71st and Monticello Road. He stated that is the property that for years had shown up as a public/quasi public use in the Land Use Guide. He stated he calls it ink blue for lack of any other definition. He stated the staff tries to keep things as general in nature as possible so people know the general area that they are speaking about, so that is the property they are discussing.

Planning Director Chaffee stated today it is an elementary school and has a playground that is accessible to residents and the students of the school in the area and is part of the City’s goal to establish not only public parks, private parks, but PAGE 21 CITY COUNCIL MINUTES OCTOBER 13, 2008

even the school facilities within one-third of a mile to as many residents as possible to offer recreational opportunities which are easy to get to within the City.

Mayor Meyers asked Mr. Stoker if that answered his question.

MARVIN STOKER answered not quite. He stated his next question is if he were to look at last year’s Comprehensive Plan, would the park proposal will be on there.

Planning Director Chaffee replied it will be on it probably for many years.

MARVIN STOKER thanked Planning Director Chaffee and the City Council for their time.

Mayor Meyers stated he can again assure Mr. Stoker that the City is not trying to be sneaky to their residents at any time.

STAFF ITEMS

20. CONSIDER CONTRACT FOR ENGINEERING STUDY SERVICES RELATED TO THE 70TH TERRACE AND FLINT STREET STORM DRAINAGE IMPROVEMENTS, P.N. 3350.

Councilmember Pflumm, seconded by Councilmember Goode, moved to authorize the Mayor to sign an engineering study services contract with Black & Veatch Corporation for a not-to-exceed amount of $24,910, for the 70th Terrace and Flint Street storm drainage improvements, P.N. 3350. The motion carried 7-0.

21. CONSIDER APPROVAL OF A RESOLUTION DECLARING IT NECESSARY TO APPROPRIATE PRIVATE PROPERTY FOR THE PURPOSE OF BRIDGE REPLACEMENT IN THE VICINITY OF 21900 BLOCK OF 43RD STREET AND AUTHORIZING A SURVEY AND DESCRIPTION OF THE LAND OR INTEREST TO BE ACQUIRED; AND CONSIDER PASSAGE OF THE ORDINANCE AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND OR AN INTEREST THEREIN BY CONDEMNATION FOR THE 43RD STREET BRIDGE PROJECT, P.N. 3335.

Councilmember Goode, seconded by Councilmember Straub, moved to adopt a resolution declaring it necessary to appropriate private property for the purpose of Bridge Replacement in the vicinity of the 21900 block of 43rd Street and authorizing a survey and description of the land or interest to be acquired. The motion carried 7-0. Having been adopted, Resolution 1567 was assigned.

Councilmember Sandifer seconded by Councilmember Goode, moved to pass an ordinance authorizing and providing for he acquisition of land or an interest therein by PAGE 22 CITY COUNCIL MINUTES OCTOBER 13, 2008

condemnation for the 43rd Street bridge project, P.N. 3335. The motion carried 7-0. Having passed, Ordinance 2917 was assigned.

MISCELLANEOUS ITEMS

22. CONSIDER APPROVAL OF SEMI-MONTHLY CLAIM FOR OCTOBER 13, 2008, IN THE AMOUNT OF $12,392,164.50.

Councilmember Straub stated he will vote NO on this item, because it includes travel expenses for up to three or four trips per year for the City Council without being voted on. He stated that he still believes that City Council travel-related items should be voted on.

Councilmember Scott, seconded by Councilmember Goode, moved to approve the semi- monthly claim for October 13, 2008 in the amount of $12,392,164.50. The motion carried 6-1, with Councilmembers Scott, Pflumm, Sawyer, Goode, Sandifer, and Distler voting aye and Councilmember Straub voting nay.

23. MISCELLANEOUS COUNCIL ITEMS.

a) Pinkerton Act.

Councilmember Distler stated when they were discussing the Pinkerton Act at the last Council meeting, they said they were not employees because they were contractors. She stated when she left the meeting that evening she was thinking if they were employees, they would be City employees and not Pinkerton employees, so it did not make sense to her.

Councilmember Distler stated she looked a little further into the interpretation, the Office of the Law Revision Council, United States House of Representatives, and it states, An individual employed by the Pinkerton Detective Agency or similar organization may not be employed by the government of the United States or the government of the District of Columbia.

Councilmember Distler stated the anti-Pinkerton Act of 1893 means that it forbids the United States government from using Pinkerton employees or similar private police companies. She stated the definition of employee is, to make use of, to use advantageously, to use or engage the services of, to provide with a job that pays wages or salary, or to vote to or direct to a particular activity or person.

Councilmember Distler stated City Attorney Rainey and the rest of them can do with that information what they want, but she still thinks the City is in violation of the Anti-Pinkerton Act.

Assistant City Attorney Rainey stated that both he and City Attorney Rainey looked into this after Councilmember Distler mentioned it at the last meeting. He PAGE 23 CITY COUNCIL MINUTES OCTOBER 13, 2008

stated he actually thinks the Act would apply to an independent contractor and thinks one federal judge made that determination.

Assistant City Attorney Rainey stated when they further investigated what caught his eye when they first saw the statute, is that it says, an individual employee by or similar organization may not be employed by the government of the United States. He stated in this case with the City of Shawnee, they are obviously not a government of the United States and not the District of Columbia, so he does not think the act applies to Shawnee. He believes that both he and City Attorney Rainey have the same opinion on this.

Councilmember Distler stated she would think government is government and even though they are a city here in Shawnee, they are still a part of one big government.

City Attorney Rainey stated the City is a political subdivision of the State created by the State, but the State of Kansas is not an agency of the United States government and is a sovereign power in its own right. He stated their sovereignty is derived from the State.

Councilmember Distler asked if the City does not have to follow Federal guidelines.

City Attorney Rainey replied he certainly thinks they do.

Councilmember Distler stated then that is why she is asking these questions, the City is part of the bigger picture.

City Attorney Rainey stated the City is following Federal guidelines, but that regulation does not apply to the City.

Assistant City Attorney Rainey stated that he and City Attorney Rainey determined it was not and he got curious and went ahead and started to figure out who Securitas is and thinks by the time they get through understanding what that Swedish conglomerate is all about, he is fairly certain it would be hard to find anyone who would have any relations with the City of Shawnee Kansas.

Assistant City Attorney Rainey reiterated that both he and City Attorney Rainey thought the legislation was very specific and excluded the City from its provisions, at least that provision. He stated there were a lot of other provisions he read, but that one in particular applied only to the government of the United States and the District of Columbia.

b) Recycling in City Buildings. PAGE 24 CITY COUNCIL MINUTES OCTOBER 13, 2008

Councilmember Straub stated he would like to see if the staff could do a presentation to find out what they are doing as far as recycling in all the City buildings. He stated that he knows that City Manager Gonzales mentioned there is already a task force formed, but he wants to expand the City’s recycling program at the parks and throughout all the City buildings. He stated he would like a report on what it is that they are actually doing to see if they could be doing something better.

Councilmember Straub stated that he hears that Deffenbaugh has one of the best recycling facilities in the Midwest, if not in the country. He stated maybe they could see if [he] would volunteer to come to the City and give the staff some recommendations and suggestions to expand the program even more to make Shawnee a greener city.

City Manager Gonzales stated the staff actually slated for later this fall or the first part of next year, a report from the Sustainability Committee which Deputy City Clerk Powell chairs, so they are working on that presentation and will bring it to a committee meeting in the next few months.

c) Update from Deffenbaugh about Curb Side Program in City.

Councilmember Sawyer stated since they are going to do that, maybe they should not just do just what the City is doing and should get an update from Deffenbaugh who, he believes, handles the recycling for the entire City, all of the citizens, to see what that is doing. He stated they all sit here wanting to recycle, but based on what they saw last time, the citizens might be telling them they want to recycle but they should find out what they are really doing.

Councilmember Sawyer stated he is not here tonight to debate whether it is going down or up, but they should incorporate that with it so they can get a good look as to what is happening in the real world.

ADJOURNMENT

Councilmember Pflumm, seconded by Councilmember Straub, moved to adjourn. The motion carried 7-0, and the meeting adjourned at 8:56 p.m.

Minutes prepared by: Cindy Terrell, Recording Secretary

APPROVED BY:

______Vicki Charlesworth, City Clerk